Gene Walsh ó Digital First Media Bill Cosby arrives at the Montgomery County Courthouse in Norristown for his preliminary hearing on sexual assault
Bill Cosby's defense team claims the comedian was not in Philadelphia at the time of Andrea Constand's alleged assault.
Cosby's defense team filed a motion in Pennsylvania Thursday to have the sexual assault charge against him dismissed, according to the Mercury News.
Cosby's defense team claims Cosbywas not in Pennsylvania between that three-week period and that Constand's telephone records do not reflect alleged calls made to him during that time period. At Cosby's first trial, the judge blocked Jackson's testimony.
The woman, Marguerite Jackson, says Constand told her of a plan to falsely accuse a "high-profile person" so she could sue and get money. Constand first said she had also been assaulted before changing her story, the affidavit said, but when Jackson pressed her as to whether the assault really happened, Constand allegedly responded.
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"This evidence is obviously devastating to the credibility of the one and only witness who testified that Mr. Cosby had committed the sexual assault", the defense motion said. But they have not asked for a change of venire, which was granted in the first trial. "As set forth in her affidavit, Ms. Jackson would testify that she and Ms. Constand worked together, became friends and were in regular contact over the course of several years, and that they shared a hotel room on at least six occasions".
The former Cosby Show star's lawyers also say detectives destroyed their notes from the interview, according to newly released court documents. Cosby was charged with aggravated indecent assault on December 30, 2015, barely meeting the 12-year statute of limitations. The retrial is set to begin on April 2.
Bill Cosby, accompanied by Andrew Wyatt, departs after a pretrial hearing in Cosby's sexual assault case at the Montgomery County Courthouse in Norristown on August 22, 2017. Cosby's second trial is scheduled to start on April 2nd. The deliberations took longer than the evidentiary portion of the trial.
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